THE IP-CENTRIC MEDIA, even by a so-called "conspiracy of silence" as the late Pieter Hintjens once dubbed it, has become somewhat complicit with the EPO. It continues to stand by quietly and idly while the EPO is being destroyed and buys the media. Sometimes it even throws a bone to Battistelli or offers him a platform (for puff pieces and lies).
[Update:] Asked to confirm whether current disciplinary procedures have been suspended pending the December AC meeting, an EPO spokesman said later that the council “did not ask the President to take such a position.” Moreover, he emailed, the disciplinary committee is equally composed of management and staff representatives, and it decides independently on its recommendation, uninfluenced by any external authority. [end update]
The statement of the EPO spokesman (see the above [Update]), is typical of EPO, and incorrect:
While it is true that the Council “did not ask the President to take such a position,” by the help of an official resolution during its October 2016 meeting, the Office is nevertheless walking a fine line:
Firstly, during the last Council meeting, several delegations, in particular CH, FR, UK and NL, insisted in clear words that no decision should be taken on running disciplinary procedures. Secondly, the position of the president is in contrast with the Administrative Council’s (AC) resolution of this March, which requested him, inter alia,
“to ensure that disciplinary sanctions and proceedings are not only fair but also seen to be so, and to consider the possibility of involvement of an external reviewer or of arbitration or mediation” and
“pending the outcome of this process and before further decisions in disciplinary cases are taken, to inform the AC in appropriate detail and make proposals that enhance confidence in fair and reasonable proceedings and sanctions”
The two requirements “that disciplinary sanctions and proceedings are not only fair but also seen to be so” and “pending the outcome of this process and before further decisions in disciplinary cases are taken” would clearly not be met if the president would take a decision on any disciplinary proceedings before revised regulations on investigative/disciplinary procedures have been approved by the AC. The requirement “to inform the AC in appropriate detail and make proposals that enhance confidence in fair and reasonable proceedings and sanctions” would not be met either since the proposals the president presented at the 149th AC meeting did not meet legal standards, such that the delegations forced him to withdraw them.
The first statement of the EPO spokesman that the Council “did not ask the President to take such a position,” is thus incorrect; the Council asked the President “to take such a position” in its March resolution. The second statement in the email that “the disciplinary committee … decides independently on its recommendation,” is well-worded, but – irrespective of whether it is true – diverts the reader from the main subject; the Administrative Council’s resolution of this March.
By taking a decision on any disciplinary proceedings under the current regulations, the EPO president would be in breach of the March resolution. The Council would be obliged to dismiss him.
Comments
One of those...
2016-10-20 20:52:00